EDER v. LAKE GENEVA RACEWAY, INC.

No. 94-0535.

187 Wis.2d 596 (1994)

523 N.W.2d 429

Kristine Kaskowski EDER and Catherine Nyman Fields, Plaintiffs-Appellants, v. LAKE GENEVA RACEWAY, INC., and American Empire Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 21, 1994.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of James E. Snodgrass of Snodgrass & Dieringer of Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of Phyllis M. Santacroce of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

Before Anderson, P.J., Brown and Snyder, JJ.


BROWN, J.

Kristine Kaskowski Eder and Catherine Nyman Fields's personal injury action was dismissed by summary judgment based upon a standard form exculpatory contract signed by each of them. The issue is whether the form is a valid exculpatory contract releasing their claims against Lake Geneva Raceway, Inc. and its insurer. We hold that under the facts of this case, the form is void as against public policy. Therefore...

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